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House Committee Hears Testimony on Immigration Procedures The House Subcommittee on Immigration, Border Security, and
Claims heard testimony Thursday morning on “Immigration Removal Procedures
Implemented in the Aftermath of the September 11th Attacks.” Among
those present were the Deputy Associate Attorney General Lily Swenson and Paul
Rosenzweig, Senior Legal Research Fellow for The Heritage Foundation. The hearing focused on the measures taken in the days
immediately following the terrorist attacks of September 11, 2001 and their
ramifications now almost four years later. Those provisions discussed in
greatest detail were the closures of immigration hearings and the 48-hour rule. All present agreed that in certain sensitive cases, removal
hearings should be closed in the interest of national security, but that during
“normal” circumstances, the greatest amount of transparency is necessary
during these hearings. Mr. Rosenzweig put it “We should strongly prefer
openness and transparency of governmental functions where possible.” Many questions related to due process came up during the hearing. First, that a DHS official must issue a Notice to Appear within 48 hours of his arrest or detention, and second, that a non-citizen can request a bond hearing individualized to his specific case. Many made the point that this creates a significantly greater amount of work for the courts, but that these rights need to be preserved, even during immigration proceedings.
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